Rights and Consent in the Ius commune

 

Köln, Erzbischöfliche Diözesan- und Dombibliothek 127, fol. 9r

 

 

Link to the Manuscripts in the Cologne Cathedral Chapter Library

 

 

Three Principles of Legislation in Roman Law:

Quod principi placuitPrinceps legibus solutus est and Digna vox

Gratian and the Foundation of Rights in the European Tradition

The Human Race is ruled by two things:  namely, natural law (ius naturale) and ancient usages of peoples (mos).  Natural law is what is contained in the Law (lex) and the Gospel.  By it, each person is commanded to do to others what he wants done to himself and is prohibited from inflicting on others what he does not want done to himself.  Thus Christ said in the Gospel: "Whatever you want men to do to you, do so to them.  This is the Law and the Prophets." [Matthew 7:12, cf. Luke 6:31].

Definitions of law taken from Isidore of Seville, Eytmologies (c. 560-636 A.D.)

D.1 c.7:   Gratian: "There is another type of law as Isidore says in his Etymologies"

Natural Law - Ius gentium

 

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